New tactic tries to save Watervliet church

Opponents of plan to raze St. Patrick's turn to city panel after court setback

Updated 2:07 am, Saturday, March 9, 2013

A large bell is lowered by a crane as workers removed the bell from the tower of the former St. Patrick's Church building on Tuesday, Feb. 19, 2013, in Watervliet, NY. (Paul Buckowski / Times Union)

A large bell is lowered by a crane as workers removed the bell from the tower of the former St. Patrick's Church building on Tuesday, Feb. 19, 2013, in Watervliet, NY. (Paul Buckowski / Times Union)

Photo: Paul Buckowski

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A large crane is set up alongside the former St. Patrick's Church as workers removed a large bell from the tower on Tuesday, Feb. 19, 2013, in Watervliet, NY. (Paul Buckowski / Times Union)

A large crane is set up alongside the former St. Patrick's Church as workers removed a large bell from the tower on Tuesday, Feb. 19, 2013, in Watervliet, NY. (Paul Buckowski / Times Union)

Photo: Paul Buckowski

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A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union archive)

A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union archive)

Photo: Paul Buckowski

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A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union)

A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union)

Photo: Paul Buckowski

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A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union)

A view of the former St. Patrick's Church building seen here on Wednesday, Feb. 27, 2013 in Watervliet, NY. (Paul Buckowski / Times Union)

Photo: Paul Buckowski

New tactic tries to save Watervliet church

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WATERVLIET — A judge's decision appeared to clear the way Friday for razing St. Patrick's Church until opponents opened a new legal front.

Acting State Supreme Court Judge Kimberly A. O'Connor found that Citizens for St. Patrick's "have not established a likelihood of ultimate success" in suing the city to stop plans to replace the church with a Price Chopper supermarket and two smaller commercial buildings.

Facing defeat in Albany on zoning issues, Citizens for St. Patrick's returned to Watervliet City Hall to file an appeal with the city Zoning Board of Appeals to overturn the demolition permits. The move is allowed under city law.

Rosemary Nichols of the citizens group said the appeal to the ZBA would stop demolition until the board rules.

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She said the citizens group also will review the judge's decision.

"We're investigating whether it's legal. We really want to move ahead," said John Nigro, president of Nigro Cos., after learning of the newest action.

Nigro had halted most preparation work for razing the church, rectory and school while awaiting the judge's ruling. The city issued a demolition permit to take down the three buildings. The citizens also held off on their latest tactic until the judge ruled.

Nigro plans to build a 40,200-square-foot Price Chopper and two smaller stores on the 19th Street site of the historic church.

The judge rejected each issue raised in the grass-roots group's lawsuit to overturn the City Council's rezoning of the church property to business from residential. O'Connor pointed out that Paul Goldman, the city's counsel for the project, addressed the issue of spot zoning in the findings adopted by the City Council.

"The court decision went the way we thought it would go," Mayor Michael Manning said.

As to the newest appeal, Manning said, he has not had a chance to review it.

Nigro and members of Citizens for St. Patrick's conferred briefly at a conference held Thursday at the Carey Center for Global Good in Rensselaerville on the future reuse of closed religious buildings. Nigro co-sponsored the conference.

Nigro offered to hold future discussions with them, but said he intends to move ahead with the redevelopment of the St. Patrick's site as planned.